Phone tapping is allowed

But only on a case-by-case basis

THE JUSTICE Ministry and Attorney-general reached a compromise yesterday on the need to monitor telephone conversations and private correspondence in specific circumstances.
The ministry was seeking to change Article 17 of the Cyprus Republic Constitution, which protects citizens’ confidentiality in almost every case, to come in line with European laws and conventions.

It argued that failure to do so risked violating Cyprus’ obligations to the EU. The EU allows certain exceptions to the law on confidentiality, particularly in cases involving organised crime, terrorism and drugs. Attorney-general Solon Nikitas firmly believes this is not the right time to change any article in the constitution, given the political circumstances, and remains committed to this view.

Justice Minister Doros Theodorou yesterday confirmed that Nikitas expressed his strong reservations about amending Article 17 to allow phone tapping in specific circumstances, instead offering alternative proposals.

Theodorou said he respected his decision and hoped the new proposals could be implemented before the end of the year, allowing Cyprus to keep its obligations towards the EU.

A government source told the Cyprus Mail yesterday that Nikitas vowed to help the police not fall foul of EU obligations by judging on a case-by-case basis requests for using surveillance methods on telephone conversations and correspondence.

“It will be up to him to decide on each case, and give his opinion,” said the source.

Asked whether Cyprus left itself open to EU violations by not amending the relevant article in the Constitution, the official replied: “There is a possibility it does or doesn’t satisfy EU obligations. We will only be able to tell if and when the issue comes up.”

The source added that he fully respected the reasons given by Nikitas for not wanting to dabble with amendments of the constitution now.

However, the validity of this new approach to phone tapping might be put to the test if, for example, Europol requests the monitoring of a phone line for a specific reason and the Attorney-general refuses to allow it under those circumstances. In this case, the constitutional set-up will be brought under the spotlight and the supremacy of EU law will be tested.

The Cyprus Mail is the only English-language daily newspaper published in Cyprus. It was established in 1945 and today, with its popular and widely-read website, the Cyprus Mail is among the most trusted news sites in Cyprus. The newspaper is not affiliated with any political parties and has always striven to maintain its independence. Over the past 70-plus years, the Cyprus Mail, with a small dedicated team, has covered momentous events in Cyprus’ modern history, chronicling the last gasps of British colonial rule, Cyprus’ truncated independence, the coup and Turkish invasion, and the decades of negotiations to stitch the divided island back together, plus a myriad of scandals, murders, and human interests stories that capture the island and its -people. Observers describe it as politically conservative.